“(d)making, varying, amending or revoking a permanence order under section80 of the Adoption and Children (Scotland) Act 2007 (including a deemed permanence order having effect by virtue of article13(1) or 14(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No.4, Transitional and Savings Provisions) Order 2009 (S.S.I.2009/267)).”.

“(d)in the case of proceedings for the making, varying, amending or revoking of a permanence order under section80 of the Adoption and Children (Scotland) Act 2007 (including a deemed permanence order having effect by virtue of article13(1) or 14(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No.4, Transitional and Savings Provisions) Order 2009 (S.S.I.2009/267)), make, vary, amend or revoke such an order;”.

5. In section 62 of the Family Law Act 1996(6) (meaning of “cohabitants”, “relevant child” and “associated persons”)—

(a)after subsection (7)(b) insert—

“, or

(c)he is the subject of a Scottish permanence order which includes provision granting authority to adopt”;

(b)after subsection (7) insert—

“(8)In subsection(7)(c) “Scottish permanence order” means a permanence order under section80 of the Adoption and Children (Scotland) Act 2007 (asp4) (including a deemed permanence order having effect by virtue of article13(1), 14(2), 17(1) or 19(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No.4, Transitional and Savings Provisions) Order 2009 (S.S.I. 2009/267)).”.

(a)in subsection (6) for the words from “is free” to “Northern Ireland” (where first appearing) substitute—

“—

(a)is the subject of a Scottish permanence order which includes provision granting authority for the child to be adopted, or

(b)is free for adoption by virtue of an order made,”;

(b)after subsection (9) insert—

“(10)In this section, “Scottish permanence order” means a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 (asp 4) (including a deemed permanence order having effect by virtue of article 13(1), 14(2), 17(1) or 19(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No.4, Transitional and Savings Provisions) Order 2009 (S.S.I.2009/267)).”.

(a)in subsection (2) from the beginning to the words “effect in Scotland” substitute “A Scottish permanence order which includes provision granting authority for the child to be adopted has the same effect in England and Wales as it has in Scotland”;

(b)for subsection (3) substitute—

“(3)Any person who contravenes any of the provisions of the Adoption and Children (Scotland) Act 2007 mentioned in subsection(3A) is guilty of an offence and is liable on summary conviction to imprisonment for a term not exceeding 3months, or a fine not exceeding level5 on the standard scale or both.

(3A)The provisions are—

(a)section20 (restrictions on removal: child placed for adoption);

(b)section21 (restrictions on removal: notice of intention to adopt given);

(c)section22 (restrictions on removal: application for adoption order pending).”;

(c)in subsection (4) for “section 29 of that Act (order to return or not to remove child)” substitute “section 24 of the Adoption and Children (Scotland) Act 2007 (return of child removed in breach of certain provisions)”;

(d)after subsection (4) insert—

“(5)In this section, “Scottish permanence order” means a permanence order under section80 of the Adoption and Children (Scotland) Act 2007 (asp4) (including a deemed permanence order having effect by virtue of article13(1), 14(2), 17(1) or 19(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No.4, Transitional and Savings Provisions Order 2009 (S.S.I.2009/267)).”.

(6) In section 107 (use of adoption records from other parts of the British Islands) for paragraph (a) substitute—

8. In Schedule 9 to the Income Support (General) Regulations (Northern Ireland) 1987(10) (sums to be disregarded in the calculation of income other than earnings) in paragraph 25(1)(b) at the end insert “or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances scheme)”.

(3) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) in paragraph 25(1)(a) after “(schemes for payment of allowances to adopters)” insert “or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)”.

10. In Schedule 2 (sums to be disregarded in the calculation of income other than earnings) to the Family Credit (General) Regulations 1987(14) in paragraph 22(1)(a) after “(schemes for payment of allowances to adopters)” insert “or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)”.

(a)in the definition of “adoption agency” for “section 1 of the Adoption (Scotland) Act 1978 (adoption agencies in Scotland)” substitute “section 119(1)(a) of the Adoption and Children (Scotland) Act 2007 (interpretation)”;

(b)in the definition of “adoption order”—

(i)in paragraph (b) for “section 12 of the Adoption (Scotland) Act 1978” substitute “section 29 or 30 of the Adoption and Children (Scotland) Act 2007”;

(ii)in paragraph (c) for “section 49 of the Adoption (Scotland) Act 1978” substitute “section 59 of the Adoption and Children (Scotland) Act 2007”;

(c)in the definition of “order freeing a child for adoption” for “or section 18 of the Adoption (Scotland) Act 1978” substitute “a Scottish permanence order which includes provision granting authority for the child to be adopted”;

(d)in the definition of “overseas adoption” for “the Adoption (Scotland) Act 1978” substitute section 67(1) of the Adoption and Children (Scotland) Act 2007”;

(e)after the definition of “relative” insert—

““Scottish permanence order” means a permanence order under section80 of the Adoption and Children (Scotland) Act 2007 (including a deemed permanence order having effect by virtue of article13(1), 14(2), 17(1) or 19(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No.4, Transitional and Savings Provisions) Order 2009 (S.S.I.2009/267));”.

(a)for “under section 3 of the Adoption (Scotland) Act 1978” substitute “a registered adoption service provided as mentioned in paragraph 8(1) of schedule 12 to the Public Services Reform (Scotland) Act 2010 and registered under Part 5 of that Act”;

(b)for “the society” substitute “it”; and

(c)for “section 1 of that Act of 1978” substitute “section 1(3) of the Adoption and Children (Scotland) Act 2007”.

“(e)if he is in the United Kingdom and his adoption was arranged by a registered adoption service provided as mentioned in paragraph 8(1) of schedule 12 to the Public Services Reform (Scotland) Act 2010 and registered under Part5 of that Act.”;

(b)in paragraph (4)(b) for “section 45 of the Adoption (Scotland) Act 1978” substitute “section 55(4)(b) of the Adoption and Children (Scotland) Act 2007”.

(7) In Article 58(1) (restriction on removal of children for adoption outside Northern Ireland)(20) for “section 49 of the Adoption (Scotland) Act 1978” substitute “section 59 of the Adoption and Children (Scotland) Act 2007”.

(8) In Article 63(2) (evidence of adoptions, etc.) for “section 45(2) of the Adoption (Scotland) Act 1978” substitute “section 56 of the Adoption and Children (Scotland) Act 2007”.

(2) In regulation 1(2) (citation, commencement and interpretation) at the end insert—

““Scottish permanence order” means a permanence order under section80 of the Adoption and Children (Scotland) Act 2007 (including a deemed permanence order having effect by virtue of article13(1), 14(2), 17(1) or 19(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No.4, Transitional and Savings Provisions) Order 2009 (S.S.I.2009/267));”.

“(2A)Where the child is subject to a Scottish permanence order which includes provision granting authority for the child to be adopted, the adoption agency shall refer its proposal to place a child for adoption to the adoption panel only if the local authority, on whose application the order was made, or in whom the mandatory provision has been vested, has been consulted and agrees with the proposal.

(2B)In paragraph(2A) “mandatory provision” shall be construed in accordance with section81(1) of the Adoption and Children (Scotland) Act 2007.”.

(4) In regulation 13(1) (review of case where no placement made within six months of freeing for adoption)—

(a)for “section 18(5) of the Adoption (Scotland) Act 1978” substitute “where a child is subject to a Scottish permanence order which includes provision granting authority for the child to be adopted”; and

(3) In Schedule 3, paragraph 22 (sums to be disregarded in the calculation of income other than earnings)(21) in sub-paragraph (1)(a) after “(schemes for payments of allowances to adopters)” insert “or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)”.

14. In paragraph 22(1)(b) of Schedule 3 (sums to be disregarded in the calculation of income other than earnings) to the Disability Working Allowance (General) Regulations (Northern Ireland) 1992(22) at the end insert “or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)”.

15. In paragraph 25 of Schedule 2 (amounts to be disregarded when calculating or estimating N and M) to the Child Support (Maintenance Assessments and Special Cases) Regulations 1992(23) after “(schemes for the payment of allowances to adopters)” insert “or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)”.

16. In paragraph 17(1)(b) (or, in so far as applying in Scotland, paragraph 17(b)) of Schedule 3 (sums to be disregarded in the calculation of income other than earnings) to the National Assistance (Assessment of Resources) Regulations 1992(24) at the end insert “or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)”.

(2) In regulation 78 (circumstances in which a person is to be treated as being or not being a member of the household)—

(a)in paragraph (4)(c) at the end insert “or, in Scotland, under the Adoption Agencies (Scotland) Regulations 2009”; and

(b)in paragraph (5)(f) at the end insert “or, in Scotland, under the Adoption Agencies (Scotland) Regulations 2009”.

(3) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) in paragraph 26(1)(b)(26) at the end insert “or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)”.

(3) In Schedule 7 (sums to be disregarded in the calculation of income other than earnings) in paragraph 26(1)(a)(28) at the end insert “or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)”.

(2) In regulation 9 (circumstances in which a person is to be treated as being or not being a member of the household) in paragraphs (3) and (4) for “the Adoption Agencies (Scotland) Regulations 1984” substitute “the Adoption Agencies (Scotland) Regulations 2009”.

(3) In Schedule 3 (sums to be disregarded in the determination of income other than earnings) in paragraph 22(1)(a) at the end insert “or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)”.

23. In regulation 3(4) of the Adoption of Children from Overseas Regulations (Northern Ireland) 2002 (requirements applying to prospective adopters) in the definition of “adoption agency” for “section 1 of the Adoption (Scotland) Act 1978” substitute “section 119(1) of the Adoption and Children (Scotland) Act 2007”.

(3) In regulation 22(1)(b) (disrupted placement in the course of adoption leave) for “section 30(3) of the Adoption (Scotland) Act 1978” substitute “, in Scotland, the child is returned to the adoption agency, adoption society or nominated person in accordance with section 25(6) of the Adoption and Children (Scotland) Act 2007”.

(3) In regulation 22(1)(a)(ii) (adoption pay period in cases where adoption is disrupted) for “section 30(3) of the Adoption (Scotland) Act 1978” substitute “, in Scotland, the child is returned to the adoption agency, adoption society or nominated person in accordance with section 25(6) of the Adoption and Children (Scotland) Act 2007”.

28. In regulation 2 (grounds for disqualification) of the Disqualification from Caring for Children (England) Regulations 2002 at the end insert—

“(12)He has had, by virtue of the making of a permanence order under section80 of the Adoption and Children (Scotland) Act 2007, all parental responsibilities or parental rights in relation to a child removed.”.

(3) In regulation 22(1)(b)(ii) (disrupted placement in the course of adoption leave) for “section 30(3) of the Adoption (Scotland) Act 1978” substitute “, in Scotland, the child is returned to the adoption agency, adoption society or nominated person in accordance with section 25(6) of the Adoption and Children (Scotland) Act 2007”.

(3) In regulation 22(1)(a)(ii) (adoption pay period in cases where adoption is disrupted) for “section 30(3) of the Adoption (Scotland) Act 1978” substitute “, in Scotland, the child is returned to the adoption agency, adoption society or nominated person in accordance with section 25(6) of the Adoption and Children (Scotland) Act 2007”.

(2) In regulation 2 (interpretation) after the definition of “RSCA” insert—

““Scottish permanence order” means a permanence order under section80 of the Adoption and Children (Scotland) Act 2007 (including a deemed permanence order having effect by virtue of article13(1), 14(2), 17(1) or 19(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No.4, Transitional and Savings Provisions) Order 2009);”.

(3) In regulation 23(1)(b) (duty of adoption agency in respect of assessment of a child) for “section 18 of the Adoption (Scotland) Act 1978” substitute “is subject to a Scottish permanence order which includes provision granting authority for the child to be adopted”.

(4) In regulation 25(3)(c) (HSS trust decision and notification) at the end insert “or the date the Scottish permanence order which includes provision granting authority for the child to be adopted was made”.

(5) In regulation 30(b) (prescribed requirements for the purposes of making a Convention adoption order) for “section 18 of the Adoption (Scotland) Act 1978 (freeing children for adoption in Scotland)” substitute “or the child is subject to a Scottish permanence order which includes provision granting authority for the child to be adopted”.

36. In paragraph 25(1)(c) of Schedule 3 (sums to be disregarded in the determination of income other than earnings) to the Housing Renewal Grants (Reduction of Grant) Regulations (Northern Ireland) 2004 at the end insert “or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)”.

37. After paragraph 24 of the Schedule (relevant persons) to the Disqualification from Caring for Children (Wales) Regulations 2004(49) insert—

“24A.The person has had, by virtue of the making of a permanence order under section80 of the Adoption and Children (Scotland) Act 2007, all parental responsibilities or parental rights in relation to the child removed.”.

39.—(1) The Housing Benefit Regulations 2006(51) are amended as follows.

(2) In regulation 2(1) (interpretation) in the definition of “young individual” in paragraph (e) after “Schedule 3 to that Act” insert “or has ceased to be a child in relation to whom a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 has been made, or treated as being made”.

(3) In regulation 21 (circumstances in which a person is to be treated as being or not being a member of the household)—

(4) In paragraph 25 of Schedule 5 (sums to be disregarded in the calculation of income other than earnings) in sub-paragraph (1)(a) at the end insert “or in accordance with a scheme made under section 71 (adoption allowance schemes) of the Adoption and Children (Scotland) Act 2007”.

Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/214)

40.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(52) are amended as follows.

(2) In regulation 2(1) (interpretation) in the definition of “young individual” in paragraph (e) after “Schedule 3 to that Act” insert “or has ceased to be a child in relation to whom a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 has been made, or treated as being made”.

(3) In regulation 13D (determination of a maximum rent (LHA)) in paragraph (12) in the definition of “care leaver” in sub-paragraph (d) after “Schedule 3 to that Act” insert “or has ceased to be a child in relation to whom a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 has been made, or treated as being made,”.

(4) In regulation 21 (circumstances in which a person is to be treated as being or not being a member of the household)—

(3) In Schedule 4 (sums to be disregarded in the calculation of income other than earnings) in paragraph 26(1)(a) at the end insert “or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)”.

Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/216)

42. In regulation 11 (circumstances in which a person is to be treated as being or not being a member of the household) of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(54)—

44. In paragraph 26 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings) to the Housing Benefit Regulations (Northern Ireland) 2006(56) in sub-paragraph (1)(c) at the end insert “or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)”.

Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (S.I. 2006/606)

45. In Part II of Schedule 6 (interpretation) to the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006(57) in item 18 and the definition of “adopted” for “section 38 of the Adoption (Scotland) Act 1978” substitute “section 39 of the Adoption and Children (Scotland) Act 2007”.

46. In paragraph 25(1)(c) of Schedule 8 (sums to be disregarded in the calculation of income other than earnings) to the Employment and Support Allowance Regulations (Northern Ireland) 2008 at the end insert “or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)”.

(3) In regulation 156(5)(d) and (6)(g) (circumstances in which a person is to be treated as being or not being a member of the household) for “the Adoption Agencies (Scotland) Regulations 1996” substitute “the Adoption Agencies (Scotland) Regulations 2009”.

(4) In paragraph 26(1)(a) of Schedule 8 (sums to be disregarded in the calculation of income other than earnings) at the end insert “or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)”.

(viii)a permanence order (as defined in subsection(2) of section80 of that Act) which includes provision such as is mentioned in paragraph(c) of that subsection.”.

(3) After paragraph 5 insert—

“5A.The reference in paragraph 5(viii) to a permanence order includes a deemed permanence order having effect by virtue of article 13(1), 14(2), 17(1) or 19(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Order 2009.”.

(xi)a permanence order (as defined in subsection(2) of section80 of that Act) which includes provision such as is mentioned in paragraph(c) of that subsection.”.

(3) After subsection (3) insert—

“(3A)In subsection (1)(b)(xi) “permanence order” includes a deemed permanence order having effect by virtue of article 13(1), 14(2), 17(1) or 19(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Order 2009.”.

(2) In section 44 (prohibition of publication of proceedings at children’s hearing)(62), at the end insert—

“(6)The requirements of subsection (1) do not apply in relation to the publication by or on behalf of a local authority or an adoption agency (within the meaning of the Adoption and Children (Scotland) Act 2007 (asp 4)) of information about a child for the purposes of making arrangements in relation to the child under this Act or that Act.”.

(3) In subsection (2) of section 93 (interpretation of Part 2)(63), after paragraph (b) of the definition of “relevant person” insert—

“(ba)any person in whom parental responsibilities or parental rights are vested by, under or by virtue of a permanence order (as defined in section 80(2) of the Adoption and Children (Scotland) Act 2007 (asp 4), including a deemed permanence order having effect by virtue of article 13(1), 14(2), 17(1) or 19(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Order 2009);”.

4. In section 1 of the Adoption (Intercountry Aspects) Act 1999 (regulations giving effect to the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption)(64), after subsection (6) insert—

“(7)References in this section to enactments include references to Acts of the Scottish Parliament.”.

6. In section 745 of the Income Tax (Trading and Other Income) Act 2005(66)—

(a)in paragraph (a), for the words from “or” where it first occurs, to “court)”, substitute “which is an excepted payment by virtue of paragraph (a) or (c) of subsection (2) of section 73 of the Adoption and Children (Scotland) Act 2007 (asp 4),”;

(b)in paragraph (b), for the words from “under” to the end of the paragraph, substitute “which are excepted payments by virtue of paragraph (b) of that subsection,”; and

(c)in paragraph (d), for “section 51A” substitute “section 71”.

PART 2AMENDMENT OF SECONDARY LEGISLATION

The Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA and 12ZB to Adoptions from Overseas) Regulations 2003 (S.I. 2003/499)

7.—(1) The Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA and 12ZB to Adoptions from Overseas) Regulations 2003(67) are amended as follows.

(2) In Schedule 1 (application of Part 12ZA of the Act to adoptions from overseas), in the entry modifying section 171ZJ(1), in paragraph (b) of the definition of “relevant domestic authority” for “Intercountry Adoption (Hague Convention) (Scotland) Regulations 2003” substitute “Adoptions with a Foreign Element (Scotland) Regulations 2009”.

(3) In Schedule 2 (application of Part 12ZB of the Act to adoptions from overseas), in the entry modifying section 171ZS(1), in paragraph (b) of the definition of “relevant domestic authority” for “Intercountry Adoption (Hague Convention) (Scotland) Regulations 2003” substitute “Adoptions with a Foreign Element (Scotland) Regulations 2009”.

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